Other conditions decisions — 2002

The Board has determined that the appellant was not on active duty, active duty for training or inactive duty for training at the time of his injuries in January 1985. Therefore, he does not meet the criteria to be considered a 'veteran' and service connection cannot be granted for residuals of spinal cord injury and brain trauma.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that there was no CUE in the August 1964 and June 1997 RO decisions which assigned a noncompensable rating and a 10 percent rating, respectively, for the service-connected leukoplakia of the lower lip. The decisions are final.

The Board found that the effective date of November 18, 1994 for a 10% rating for residuals of fracture of the mandible was proper based on the evidence showing no more than slight displacement or loss of masticatory function prior to this date.

The veteran's failure to report his gambling winnings and misrepresentation of income resulted in an overpayment, which the Board found constituted bad faith and misrepresentation. As a result, the request for waiver of recovery was denied.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code is denied due to the termination of eligibility for Chapter 34 benefits, receipt of an ROTC scholarship, and reduction in military pay.

The Board granted service connection for acquired granulomatous lesions in the lungs and confirmed a 40 percent rating for residuals of diskectomy with fusion of the lumbosacral spine.

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for the cause of the veteran's death, as the newly submitted evidence was cumulative and redundant.

The Board denied the appellant's request for an earlier effective date of August 1, 1999, for the payment of an apportionment on behalf of her minor child due to the veteran's nonservice-connected pension benefits. The appeal is based solely on legal grounds and not on factual evidence.

The Board has reopened the veteran's claim of entitlement to service connection for respiratory disability due to new and material evidence. However, it is unclear whether the veteran's current respiratory disorder or deep vein thrombosis are related to his military service as a merits review is needed.

The veteran's claim for payment of or reimbursement for medical expenses incurred at St. Vincent Hospital in June 1998 was denied as he had no service-connected disabilities.

The veteran's appeal is being remanded due to the implementation of the Veterans Claims Assistance Act of 2000 and changes in VA regulations. The RO must ensure all notification and development actions required by these laws are completed, including obtaining service medical records from the Marine Index Bureau, Inc.

The VA Board found that the veteran's right inguinal hernia and nerve entrapment do not warrant a higher rating, as his symptoms are best characterized by the currently assigned 10 percent disability evaluation.

The Board denied the veteran's claim for service connection for skin cancer diagnosed as squamous cell carcinoma and basal cell carcinoma, claiming it was secondary to ionizing radiation exposure. The Chief Public Health and Environmental Hazards Officer for VA concluded that it is unlikely that the veteran’s multiple squamous and basal cell skin cancers can be attributed to exposure to ionizing radiation in service.

The VA denied the veteran's claim for payment of medical expenses incurred during his hospitalization at Memorial Medical Center due to lack of prior authorization and because the admission was not for a service-connected disability.

The veteran's right foot disability is rated at 10 percent, and the effective date for this rating remains July 3, 1997.

The Board denied the appellant's claim as her spouse had no recognized active duty service, thus not meeting the criteria for being a veteran and therefore not eligible for VA benefits.

The Board denied the appellant's claims for earlier effective dates for service connection and increased rating, finding that no evidence supported earlier effective dates based on the facts presented.

The Board of Veterans' Appeals has determined that the veteran's HIV was not incurred in or aggravated by his active service, and therefore denied his claim for service connection.

The VA denied the veteran's claim for service connection for a rash, finding that it was not incurred in or aggravated by service and could not be presumed to be due to an undiagnosed illness.